TOGO

Togo, with a population of 6.6 million, is a republic governed by President Faure

Gnassingbe, who was reelected on March 4 in a process characterized by

international observers as generally free and fair. The election presented a stark

contrast to the 2005 presidential election, which was accompanied by systematic

fraud, voter intimidation, and widespread violence. Following the announcement

of the official election results, limited incidents of violence between security forces

and opposition protesters occurred. The military strongly backed the ruling Rally

of the Togolese People (RPT), which dominated politics and maintained firm

control over all levels of the highly centralized government. Security forces

reported to civilian authorities.

Human rights problems in the country included: security force use of excessive

force, including torture, which resulted in deaths and injuries; official impunity;

harsh and life-threatening prison conditions; arbitrary arrests and detention;

lengthy pretrial detention; executive influence over the judiciary; infringement of

citizens' privacy rights; restrictions on freedoms of press, assembly, and

movement; official corruption; discrimination and violence against women; child

abuse, including female genital mutilation (FGM), and sexual exploitation of

children; regional and ethnic discrimination; trafficking in persons, especially

women and children; societal discrimination against persons with disabilities;

official and societal discrimination against homosexual persons; societal

discrimination against persons with HIV; and forced labor, including by children.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were several reports that the government or its agents committed arbitrary or

unlawful killings during the year.

Security forces killed striking demonstrators during the year (see section 2.b.).

On May 28, Amnesty International (AI) reported that several persons died in

detention in 2009 "probably as a result of torture or other ill-treatment."

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According to a June 24 report by Freedom House, three bodyguards of Kpatcha

Gnassingbe, the president's half brother, were killed during the army's April 2009

raid on the home of Gnassingbe, who was suspected of coup plotting.

In May 2009 the government established a Truth, Justice, and Reconciliation

Commission in response to public and international pressure to account for the

complaints lodged by victims of political violence between 1958 and 2005. The

commission, which has no power to prosecute or grant amnesty, held public

hearings and began taking individual statements during the summer.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment

The constitution prohibits such practices; however in January 2009 a UN special

rapporteur found evidence that police and gendarmes abused detainees during

interrogation, guards beat prisoners, and young persons and children were at risk of

corporal punishment while in detention. The government did not prosecute

officials for such abuses, and impunity remained a problem.

Information surfaced during the year that detainees died from torture in March

2009 (see section 1.a.).

Unlike in previous years, there were no reports of attacks on or intimidation of

human rights workers.

Prison and Detention Center Conditions

Prison conditions remained harsh with serious overcrowding, poor sanitation, and

unhealthy food. At year's end the expanded Central Prison of Lome, which was

built for 666 prisoners, held 1,925 prisoners. In April 2009 the media reported that

prisoners were dying of hunger and received typically one meal a day worth 150

CFA francs ($0.31). During the year the warden of the central prison confirmed

that adult prisoners received one meal a day, and juveniles were provided three.

Medical facilities were inadequate, and disease and drug abuse were widespread.

Sick prisoners reportedly had to pay 1,500 CFA francs ($3.12) to guards before

being allowed to visit the infirmary. There were reports that prison officials

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sometimes withheld medical treatment from prisoners. Lawyers and journalists

reported that prison guards charged prisoners a small fee to shower, use the toilet,

or have a place to sleep. Local press reported that prison guards sexually harassed

female prisoners.

While there were no official statistics on the number of prison deaths, the warden

of the central prison confirmed 22 prisoner deaths during the year from various

causes, including asthma, hypertension, and tuberculosis.

As of October 11, there were 4,116 prisoners in the country's 12 prisons and jails.

There were 28 juveniles held in the Brigade for Minors during the summer, 10 of

whom were released at the start of the school year. Infants of female prisoners and

detainees were placed in the care of private nurseries, which received government

support. Pretrial detainees were not held separately from convicted prisoners.

Prisoners and detainees were granted reasonable access to visitors and were

permitted religious observance.

Authorities permitted prisoners and detainees to submit complaints to judicial

authorities without censorship and request investigation of credible allegations of

inhumane conditions. However, authorities rarely investigated such complaints and

did not publicly document such investigations. The government monitored and

investigated prison and detention center conditions only rarely, and official

impunity was a problem.

Ombudsmen did not serve on behalf of prisoners and detainees to consider such

matters as alternatives to incarceration, the status and circumstances of juvenile

confinement, improving pretrial detention, or recordkeeping procedures. However,

the Ministry of Justice continued to work on ameliorating these problems through

its multi-year reform program financed by the European Union.

Local NGOs accredited by the Ministry of Justice could visit the prisons anytime,

although the accreditation process could take up to a year. International NGOs

must negotiate an agreement with the government to gain similar access to prisons.

During the year the International Committee of the Red Cross (ICRC) and other

international human rights organizations were allowed prison access. Only

internationally recognized groups such as the Office of the UN High

Commissioner for Refugees (UNHCR) and the ICRC were granted access to

National Intelligence Agency (NIA) detention facilities.

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d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention; however, the

government did not always respect these prohibitions.

Role of the Police and Security Apparatus

The security forces consist of the army, navy, air force, national security service

(including the national police and investigation bureau), and the gendarmerie. The

NIA is responsible for domestic and foreign intelligence and security, including

criminal investigations. The police are under the direction of the Ministry of

Security and Civil Protection, which reports to the prime minister. The Ministry of

Defense, which reports directly to the president, oversees the military and the

gendarmerie. Police and gendarmes are responsible for law enforcement and

maintenance of order. The army is in charge of external security. Approximately

80 percent of the army's officers and soldiers were from the Kabye ethnic group,

which constituted 23 percent of the population and to which the current and

previous presidents belonged.

Police generally were ineffective and corrupt, and impunity was a problem. Police

often failed to respond to societal violence. The government generally did not

investigate or punish effectively those who committed abuses, including unlawful

killings and disappearances. No progress was made in examining complaints from

more than 100 victims of human rights abuses committed during the 2005

presidential election (see section 1.a.). In 2007 the victims were asked to pay

25,000 CFA francs ($52) to the court to move their cases forward. Some were

unable to pay and withdrew their complaints. Others paid the requested fee but still

saw no progress on their cases during the year.

Arrest Procedures and Treatment While in Detention

The law authorizes judges, senior police officials, prefects, and mayors to issue

arrest warrants; however, persons were detained arbitrarily and secretly. Although

detainees have the right to be informed of the charges against them, police

sometimes ignored this right. The law allows authorities to hold arrested persons

incommunicado without charge for 48 hours, with an additional 48-hour extension

in cases deemed serious or complex. The law stipulates that a special judge

conduct a pretrial investigation to examine the adequacy of evidence and decide on

bail; however, in practice detainees often were held without bail for lengthy

periods with or without the approval of a judge. Family members and attorneys

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officially had access to a detainee after 48 or 96 hours of detention, but authorities

often delayed, and sometimes denied, access.

Security forces arbitrarily arrested opposition members during the year (see

sections 1.e. and 3).

During the year the government arrested and detained political prisoners, all of

whom were released by year's end (see section 1.e.).

The 33 persons arrested in April 2009 for suspected coup plotting, including

Kpatcha Gnassingbe, one of the president's half brothers and a national assembly

member, remained in detention (see section 1.e.).

The law prohibits arrest for civil debt; however, according to the Togolese League

of Human Rights, an unknown number of persons were arrested for outstanding

debts and detained in gendarmeries and police stations for more than 48 hours.

A shortage of judges and other qualified personnel, as well as official inaction,

resulted in lengthy pretrial detention and confinement of prisoners for periods

exceeding the time they would have served if tried and convicted. Almost 80

percent of inmates were pretrial detainees. The Togolese League of Human Rights

reported that a man suspected of stealing a chicken remained in pretrial detention

for a year.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, the executive

branch continued to exert control over the judiciary, and corruption was a problem.

Lawyers often bribed judges to influence the outcome of cases. The court system

remained overburdened and understaffed.

There were three associations of magistrates in the country: the Union of

Magistrates of Togo (SMT), the National Association of Magistrates (ANM), and

the Professional Association of Magistrates of Togo (APMT). A majority of the

APMT members were supporters of the ruling RPT and reportedly received the

most prestigious assignments, while judges who advocated an independent

judiciary and belonged to the ANM or SMT often were assigned to second-tier

positions.

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A military tribunal exists for crimes committed by security forces; its proceedings

were closed. The military court cannot try civilians and does not accord military

defendants the same rights as civilians.

Trial Procedures

The judicial system employs both traditional law and the Napoleonic Code in

trying criminal and civil cases. Defendants do not enjoy a presumption of

innocence. Trials were open to the public, juries were used, and judicial procedures

generally were respected. Defendants have the right to be present at their trials and

have the right to counsel and to appeal. All defendants have the right to an

attorney, and the bar association provides attorneys for the indigent. Defendants

may confront witnesses and present witnesses and evidence on their own behalf.

The preceding rights were respected in practice. Defendants have the right to

access government-held evidence relevant to their cases, but in practice that right

was not respected.

The law extends these rights to all citizens, but not to persons convicted in the

military court. Women who were uneducated or came from rural areas tended not

to be aware of or feared claiming their rights.

In rural areas the village chief or a council of elders is authorized to try minor

criminal and civil cases. Those who reject the traditional authority may take their

cases to the regular court system, which is the starting point for cases in urban

areas.

Political Prisoners and Detainees

The government arrested and held 16 political detainees in connection with the

March 4 presidential election; however, the government denied it held political

detainees or prisoners. On March 3, five were arrested in Akoumape; on March 6,

four were arrested in Lome; on May 9, six were arrested in Bassar, the home town

of opposition candidate Kofi Yamgnane; and on August 11, another person was

arrested for refusing to obey police directives not to attend an unauthorized

opposition vigil. The 16 were charged with inciting violence. As of September,

according to AI and the League of Togolese Human Rights, all 16 had been

released. Some were held for weeks and others for six months, but none had been

mistreated, according to AI. The government permitted access to such persons on a

regular basis by international humanitarian organizations.

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The 33 persons arrested in April 2009 for suspected coup plotting, including

presidential half brother Kpatcha Gnassingbe, remained in detention. Most of the

detainees were held by the NIA and charged with offences against the security of

the state, conspiracy, rebellion, and "voluntary violence"; those charged with

inciting violence were held at Kara civil prison in the north. According to AI, some

of the detainees were initially held incommunicado, and several had been denied

family visits. Lawyers were sometimes denied access to their clients. The ICRC

and other human rights organizations were initially denied access to the detainees,

but subsequently granted access. On September 30, another suspect was arrested in

Abidjan in connection with the alleged plot and extradited to Togo.

The six opposition members arrested after the 2005 election were released from

Kara civil prison during the year. During their incarceration the government

permitted regular access to them by international humanitarian organizations and

the League of Togolese Human Rights.

Civil Judicial Procedures and Remedies

Both the constitution and the law provide for civil and administrative remedies for

wrongdoing, but the judiciary did not respect such provisions, and most citizens

were unaware of them.

f. Arbitrary Interference with Privacy, Family, Home, or

Correspondence

The constitution and law prohibit such actions, and the government generally

respected these prohibitions in practice. In criminal cases a judge or senior police

official may authorize searches of private residences; in political and national

security cases, security forces need no prior authorization.

Citizens believed that the government monitored telephones and correspondence,

although such surveillance was not confirmed.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and of the press; however,

the government continued to restrict these rights. Numerous journalists were fined

or sued, usually for defamation, and President Faure personally initiated several

TOGO 8

lawsuits, which he subsequently dropped. Impunity for past crimes against

journalists encouraged self-censorship.

Although the government did not officially censor individual expression, persons

were reluctant to criticize the government publicly or privately due to past violent

reprisals by government agents and the possibility of civil liability.

The High Authority of Audiovisuals and Communications (HAAC) was

established to provide for freedom of the press, ensure ethical standards, and

allocate frequencies to private television and radio stations. Although nominally

independent, in practice the HAAC operated as the government's censorship arm.

For example, following the disruption of the April 2009 alleged coup plot led by

Kpatcha Gnassingbe (see section 1.a.), the HAAC issued an order banning all radio

and television programs in which the public was allowed to express its opinion; the

ban was lifted a few days later.

In October the government passed a law that provides the HAAC with the power to

impose severe penalties, including suspending publications for up to six months,

withdrawing press cards, and seizing equipment from journalists responsible for

"serious errors."

There was a lively independent press, most of which was heavily politicized, with

some highly critical of the government. More than 25 privately owned newspapers

were published with some regularity. The official media heavily slanted their

content in favor of the government.

On August 25, a criminal court judge banned indefinitely the distribution of

Tribune d'Afrique, a newspaper based in Benin but with a bureau in Lome. The

newspaper had published an investigative series on the alleged involvement of

Mey Gnassingbe, a half brother of the president, in drug trafficking. The judge

ordered the newspaper to pay 60 million CFA francs ($125,000) to President Faure

and fined the Togo-based editor and two reporters two million CFA francs

($4,166) each. On August 25, defense lawyer Darius Atsoo filed an appeal, noting

the newspaper did not have a lawyer during the trial and was not able to present a

defense. Observers noted that the fines were excessive, and that if upheld on

appeal, could bankrupt the newspaper.

Information surfaced during the year that in December 2009 a Lome court fined

independent periodical Golfe Info 1.5 million CFA francs ($3,125) and ordered it

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to pay 82.3 million CFA francs ($17,450) directly to the NIA; suspend all

publication for two months; and retract the offending September story and any

subsequent coverage of it. The original article had claimed that a celebrity who

was allegedly involved in drug trafficking had worked as a project officer for the

presidential administration.

Radio remained the most important medium of mass communication, and there

were approximately 100 radio stations, most of which were privately owned.

Information surfaced during the year that military personnel in July 2009 assaulted

a reporter with the private FM Radio Metropolys; the reporter had failed to heed

the directions of military forces deployed to a construction zone. After the beating,

the journalist called a demonstration, which was forbidden by authorities and

dispersed by gendarmes.

Unlike in the previous year, there were no reports the radio journalists were

suspended after criticizing authorities.

The government-owned Togo Television was the only major television station.

Eight smaller television stations operated during the year.

Internet Freedom

There were no known government restrictions on access to the Internet or reports

that the government monitored e-mail or Internet chat rooms. Individuals and

groups could engage in the peaceful expression of views via the Internet, including

by e-mail. According to International Telecommunication Union statistics for

2009, approximately 5.7 percent of the country's inhabitants subscribed to an

Internet service provider, and 15 percent used the Internet.

Academic Freedom and Cultural Events

The government intimidated academics by maintaining a security force presence at

the University of Lome. According to students and professors, a government

informant system continued to exist, and undercover gendarmes attended classes.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

TOGO 10

The constitution and law provide for freedom of assembly; however, the

government generally restricted this right. The government prevented opposition

supporters from meeting and forcibly dispersed demonstrations on several

occasions during the year, which resulted in deaths.

On March 24, the gendarmerie fired tear gas into a crowd of opposition supporters,

who were beating an undercover gendarme discovered among them. In the ensuing

panic, several persons were injured.

Following the March 24 violence, the minister of security decreed that no further

demonstrations, marches, or public meetings to protest the election results would

be tolerated. The government subsequently deployed police and gendarmes, who

used tear gas to prevent demonstrations. Although the ban remained in effect, the

government allowed the opposition UFC party to conduct weekly Saturday

marches and Wednesday prayer vigils until August, when the government again

enforced the ban.

On June 22, the gendarmerie used live ammunition, batons, and tear gas to disperse

protests over a 20 percent increase in fuel prices, resulting in several deaths and

numerous injuries.

On August 10, gendarmes used tear gas to disperse UFC supporters who gathered

at a church for their annual congress. Police equipped with batons, tear gas, and

live ammunition formed a line to block access to the road leading to UFC

headquarters. After the UFC held its two congresses in early August, the

government denied permission for the weekly Wednesday noon prayer vigil and an

August 14 march and rally at the beach.

No action was taken against security forces who in January 2009 severely beat

students at the African School for Architecture and Urban Planning, who were

protesting school management and poor campus security following numerous

muggings of students.

Freedom of Association

Under the constitution and law, citizens have the right to organize associations and

political parties, and the government generally respected this right in practice.

c. Freedom of Religion

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For a complete description of religious freedom, please see the Department of

State's 2010 International Religious Freedom Report at

www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of

Refugees, and Stateless Persons

The law provides for freedom of movement within the country, foreign travel,

emigration, and repatriation; however, the government restricted some of these

rights in practice. The government cooperated with the UNHCR and other

humanitarian organizations in providing protection and assistance to internally

displaced persons, refugees, returning refugees, asylum seekers, stateless persons,

and other persons of concern.

Checkpoints with armed security personnel and arbitrary searches of vehicles and

individuals were common. There were four official checkpoints in the country as

well as numerous unofficial checkpoints where security forces solicited bribes and

impeded movement.

The constitution prohibits forced exile, and the government did not employ it.

Several opposition and human rights workers remained in self-imposed exile,

claiming they feared arrest. However, many who fled in the early 1990s returned,

including the current foreign minister.

According to the UNHCR, approximately 3,000 Togolese refugees remained in

Benin; the number in Ghana was unknown. They received assistance from the

UNHCR, which facilitated repatriation for those wishing to return to the country

and local integration for refugees who would not or could not return.

Protection of Refugees

The country's laws do not provide for the granting of asylum or refugee status, but

the government has established a system for providing protection to refugees. In

practice the government provided protection against the expulsion or return of

refugees to countries where their lives or freedom would be threatened on account

of their race, religion, nationality, membership in a particular social group, or

political opinion.

In March and again in April approximately 300 Ghanaian refugees fled a violent

land dispute in northeast Ghana and crossed the border into Togo, according to the

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UNHCR. Refugees reportedly outnumbered the host community, and many of the

refugees were living in schools and other public buildings or staying in tents

provided by the government.

The government facilitated local integration for longstanding Ghanaian refugee

populations that remained in the country. Most were well integrated in host

communities and required no humanitarian assistance. A voluntary repatriation

program for 508 Ghanaian refugees remained unimplemented due to lack of

resources.

The government continued to provide temporary protection to approximately 521

individuals who may not qualify as refugees under the 1951 Convention relating to

the Status of Refugees and its 1967 protocol.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their

Government

The constitution provides citizens the right to change their government peacefully,

and citizens exercised this right in the March 4 presidential election.

Elections and Political Participation

On March 4, president and ruling RPT candidate Faure Gnassingbe was reelected

with 61 percent of votes cast. The Constitutional Court rejected opposition claims

of fraud and vote buying, citing lack of evidence. International and national

observers monitoring the election declared it generally free, fair, transparent, and

peaceful. Unlike the 2005 presidential election, which resulted in approximately

400 deaths and the flight from the country of an estimated 40,000 persons, the

March election occurred with minimal violence.

Political parties are required to provide 48-hour advance notification to the

government for any public activity. They are also subject to restrictions in calling

for demonstrations or strikes, which may be monitored by security forces.

The government arrested opposition members during the year and banned political

demonstrations (see section 1.e.).

The UFC, the largest opposition party, split into two factions following the March

election, one led by presidential runner-up Jean Pierre Fabre and the other led by

UFC president Gilchrist Olympio, who agreed to join the ruling RPT. As a result

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of a May 26 accord between Olympio and the government, President Faure named

seven UFC ministers to his cabinet. Competing UFC party congresses on August

10 and 12 formally ratified the split by excluding rival leaders from party

leadership. Noting the split, the government banned UFC weekly marches,

justifying the action on the grounds that Fabre was no longer the legal head or

voice of the UFC.

The government remained highly centralized. The national government appointed

officials and controlled the budgets of government entities at all levels, including

prefectures and municipalities, and influenced the selection of traditional chiefs.

There were nine female members of the national assembly and seven female

ministers in the 32-member cabinet.

Members of the southern ethnic groups remained underrepresented in both the

government and military.

Section 4 Official Corruption and Government Transparency

The law provides criminal penalties for official corruption; however, the

government did not implement the law effectively, and officials frequently

engaged in corrupt practices with impunity. According to the World Bank's

Worldwide Governance Indicators for 2009, government corruption was a severe

problem.

Corruption was common among prison officials, police officers, and members of

the judiciary.

In July the customs office created a disciplinary committee to investigate corrupt

officers; however, the committee had not started operating by year's end.

An independent court with an autonomous budget to oversee public expenditures

was established in September 2009; the court began operations in July.

Officials were not subject to financial disclosure laws.

Although the press code provides for public access to government information, the

government in the past did not permit access for either citizens or noncitizens,

including foreign media; however, the government provided some information

during the year, including postings on Web sites.

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Section 5 Governmental Attitude Regarding International and Nongovernmental

Investigation of Alleged Violations of Human Rights

A variety of domestic and international human rights groups generally operated

without government restriction, investigating and publishing their findings on

human rights cases. Government officials sometimes cooperated, but typically

were not responsive to NGO recommendations.

There were several domestic human rights groups, including the Togolese League

of Human Rights, the Center for Observation and Promotion of the Rule of Law,

and the Togolese Association for the Defense and Protection of Human Rights.

The government generally cooperated with international governmental

organizations and permitted visits by UN representatives or other organizations

such as the ICRC (see section 1.c.).

A permanent human rights committee exists within the national assembly, but it

did not play any significant role in policymaking or exercise independent

judgment.

Section 6 Discrimination, Societal Abuses, and Trafficking in Persons

The constitution and law prohibit discrimination based on race, gender, religion,

disability, language, or social status; however, the government did not enforce

these provisions effectively.

Women

The law criminalizes rape and provides for prison terms of five to 10 years for

those convicted. The prison term is 20 years if the victim is a child under 14, is

gang-raped, or if the rape results in pregnancy, disease, or incapacitation lasting

more than six weeks. The law does not specifically outlaw spousal rape. Although

the government was diligent in investigating reports of rape and prosecuting

suspects, victims were reluctant to report rape due to the social stigma associated

with being raped and fear of reprisal. Rape was thought to be a widespread

problem throughout the country. During the year 22 persons were arrested for rape.

At year's end all were in prison awaiting trial, awaiting convictions to be

formalized, or serving sentences.

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The law does not specifically prohibit domestic violence, and domestic violence

against women continued to be a widespread problem. Police generally did not

intervene in abusive situations, and women were not aware of the formal judicial

mechanisms designed to protect them. Although there were no official efforts to

combat domestic violence, several NGOs were active in educating women on their

rights.

A 1984 presidential decree prohibits sexual harassment and specifically mentions

harassment of female students; however, authorities did not enforce the decree, and

sexual harassment was a problem throughout the society. While the law states that

harassment is illegal and can be taken to court, no specific punishment is

prescribed.

The government recognized the right of couples and individuals to decide freely

and responsibly the number, spacing, and timing of their children. Health clinics

and local NGOs were permitted to operate freely in disseminating information on

family planning under the guidance of the Ministry of Health. There were no

restrictions on the right to access contraceptives, but only about 11 percent of

inhabitants in urban areas used them. The government did not provide free

childbirth services, and the lack of sufficient doctors meant most women only used

midwives for childbirth as well as for prenatal and postnatal care, unless the

mother or child suffered serious health complications. Maternal mortality was 510

deaths per 100,000 live births. Only heterosexual men and women received equal

access to diagnosis and treatment for sexually transmitted infections, including

HIV, but women were more likely than men to seek treatment and refer their

partners.

Although the law declares women equal under the law, women continued to

experience discrimination in education, pension benefits, and inheritance. This was

a consequence of traditional law, which applied to the vast majority of women. A

husband legally can restrict his wife's freedom to work or control her earnings. In

urban areas women and girls dominated market activities and commerce; however,

harsh economic conditions in rural areas, where most of the population lived, left

women with little time for activities other than domestic tasks and agricultural

fieldwork. The labor code requires equal pay for equal work, regardless of gender,

but this provision generally was observed only in the formal sector. There are no

restrictions on women owning property. Under traditional law a wife has no

maintenance or child support rights in the event of divorce or separation and no

inheritance rights upon the death of her husband. Otherwise, women can own

property with no special restrictions. Polygyny was practiced. Women did not

TOGO 16

experience economic discrimination in access to employment, credit, or managing

a business.

The Ministry of Social Action and National Solidarity, along with independent

women's groups and concerned NGOs, campaigned to inform women of their

rights. In September President Faure launched a campaign to improve women's

health and reduce infant mortality; the president also pledged financial support to

the effort.

Children

Citizenship is derived either from birth within the country's borders or from the

father's citizenship. If the father does not have a nationality or it is unknown, the

mother's citizenship transfers to the child.

School attendance is compulsory for both boys and girls until the age of 15, and

the government provides tuition-free public education from nursery through

primary school; however, parents were required to pay for books, supplies,

uniforms, and other expenses. According to the UN Children's Fund (UNICEF),

although 92 percent of boys and 85 percent of girls started primary school, only an

estimated 58 percent of boys and 41 percent of girls finished. For secondary

school, the net enrollment was 34 percent for boys and 12 percent for girls, but

only 19 percent of boys and 9 percent of girls completed secondary school.

Child abuse was a widespread problem. Although the law explicitly prohibits

sexual exploitation of children and child prostitution, the law was not effectively

enforced. There was no statutory rape law. The government continued to work

with local NGOs on public awareness campaigns to prevent exploitation of

children.

The law prohibits FGM, which was perpetrated on approximately 6 percent of

girls, according to UNICEF. It was believed the practice had decreased

significantly in urban areas since the 1998 anti-FGM law was passed. The most

common form of FGM was excision, which was usually performed on girls a few

months after birth. Most of the larger ethnic groups did not practice FGM.

Penalties for practitioners of FGM ranged from two months to five years in prison

as well as substantial fines. However, the law rarely was applied because most

FGM cases occurred in rural areas where awareness of rights was limited.

Traditional customs often took precedence over the legal system among certain

ethnic groups. The government continued to sponsor educational seminars against

TOGO 17

FGM. Several NGOs, with international assistance, organized campaigns to

educate women of their rights and on how to care for victims of FGM. NGOs also

worked to create alternative labor opportunities for former practitioners.

According to several international organizations, child marriage, especially in the

north and among Muslims, existed on a small scale. Cases were often not reported

as parents freely gave their children in marriage.

A private radio station, Radio Zephir, sponsored by the international NGO Plan

International and partially subsidized by the government, broadcast a weekly

program for children titled "Children Also Have Rights."

In January 2009 the government established a toll-free line for persons to report

cases of child abuse and to seek help. The line provides free information on the

rights of the child and legal procedures. The government also established school

curriculum to educate children on human rights and, working with UNICEF,

trained teachers on children's rights.

In 2007 the government implemented the country's first child code, which provides

for the protection of children's economic, psychological, and moral rights and

includes national and international standards intended to protect children. The code

prohibits child trafficking, child prostitution, child pornography, the employment

of children in armed conflict and other worst forms of child labor, including the

selling of children for sexual exploitation, forced labor, or servitude. Government

efforts to implement the code resulted in the release in 2009 of hundreds of

children from service as assistants to traditional healers. A 2009 ILO program

continued to raise awareness of and rescue children from enforced labor.

Orphans and other needy children received some aid from extended families or

private organizations but little from the government. There were social programs to

provide free health care for poor children.

The country is not a party to the 1980 Hague Convention on the Civil Aspects of

International Child Abduction. For information on international parental child

abduction, please see the Department of State's annual report on compliance at

http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.htm

l.

Anti-Semitism

TOGO 18

The Jewish community was very small, and there were no reports of anti-Semitic

acts.

Trafficking in Persons

For information on trafficking in persons, please see the Department of State's

annual Trafficking in Persons Report at www.state.gov/g/tip.

Persons with Disabilities

The law prohibits discrimination against persons with physical, mental, and

sensory disabilities in employment, education, access to health care, or in the

provision of other state services, but the government did not effectively enforce

these provisions. There was no overt government discrimination against persons

with disabilities, and such persons held government positions, but societal

discrimination against persons with disabilities was a problem. The government

does not mandate accessibility to public or private facilities for persons with

disabilities, although some public buildings had ramps. While the law nominally

obliges the government to aid persons with disabilities and shelter them from

social injustice, the government provided only limited assistance.

The Agency for Handicapped Persons, under the Ministry of Social Action and

National Solidarity, is responsible for protecting the rights of persons with

disabilities. During the year the ministry held awareness campaigns against

discrimination and to promote equality. It distributed food and clothing and

provided some skills training to persons with disabilities.

National/Racial/Ethnic Minorities

The relative dominance in private sector commerce and professions of members of

southern ethnic groups, and the relative prevalence in the public sector, particularly

in the security forces, of members of the former and current presidents' Kabye and

other northern groups were sources of political tension. Political parties tended to

have readily identifiable ethnic and regional bases. The RPT party was more

represented among northern ethnic groups than among southern groups; the reverse

was true of the UFC and CAR opposition parties.

Societal Abuses, Discrimination, and Acts of Violence Based on Sexual

Orientation and Gender Identity

TOGO 19

The law provides that a person who engages in a homosexual act may be punished

by one to three years' imprisonment and fined 100,000 to 500,000 CFA francs

($208 to $1,041). Eight persons were arrested for "indecent assault" and were in

prison awaiting trial at year's end.

There was societal discrimination based on sexual orientation.

Other Societal Violence or Discrimination

A 2005 law prohibits discrimination against persons infected with HIV/AIDS, and

the government sponsored broadcasts aimed at dissuading discrimination.

However, persons infected with HIV/AIDS continued to face significant societal

discrimination.

Section 7 Worker Rights

a. The Right of Association

The constitution and law provide workers, except security forces (including

firefighters and police), with the right to form and join unions, and they exercised

this right in practice. Approximately 60 to 70 percent of formal sector workers

were union members or supporters.

The constitution and law provide most workers with the right to strike, including

government health workers; however, striking health care workers may be ordered

back to work as necessary for the personal security and wellbeing of the

population. The 2006 labor code prohibits retribution against strikers by

employers. In December 2009 culinary employees at the Sarakawa Hotel went on a

48-hour strike to demand year-end bonuses. The strike ended when management

agreed to their demands.

b. The Right to Organize and Bargain Collectively

The constitution and the labor code nominally provide workers the right to

organize and bargain collectively; however, the government limited collective

bargaining to producing a single nationwide agreement to be negotiated and

endorsed by representatives of the government, labor unions, and employers. All

formal sector employees were covered by the collective bargaining agreement that

set nationwide wage standards for all formal sector workers. The government

participated in this process both as a labor-management mediator and as the largest

TOGO 20

employer in the formal sector, managing numerous state-owned firms that

monopolized many sectors of the formal economy. Individual groups in the formal

sector could attempt to negotiate agreements more favorable to labor through

sector-specific or firm-specific collective bargaining, but this option was rarely

used.

The Ministry of Labor, Employment, and Social Security failed to enforce the

prohibition against antiunion discrimination.

The law provides exemptions from some provisions of the labor code, notably the

regulations on hiring and firing for companies in the export processing zones

(EPZs). Employees of EPZ firms did not enjoy the same protection against

antiunion discrimination as did other workers. Unions generally did not have free

access to EPZs or the freedom to organize workers there; however, in late 2009 the

government allowed the creation of two unions representing workers from various

EPZ companies.

c. Prohibition of Forced or Compulsory Labor

The labor code prohibits forced or compulsory labor, including by children;

however, such practices occurred. Children sometimes were subjected to forced

labor, primarily as domestic servants, porters, and roadside sellers. Children were

also forced to perform agricultural work and beg. Women were trafficked for

prostitution or forced labor as domestic servants.

Also see the Department of State's annual Trafficking in Persons Report at

www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment

The labor code prohibits the employment of children under the age of 15 in any

enterprise, the employment of children under age 18 from working at night, and

requires a daily rest period of at least 12 hours for all working children. However,

the government did not effectively enforce child labor laws, and child labor was a

problem. Some children started work at age five and typically did not attend school

for most of the school year.

Children worked in both rural and urban areas, particularly in family-based

farming and small-scale trading, and as porters and domestic servants, considered

one of the worst forms of child labor. In some cases children worked in factories.

TOGO 21

In agricultural sectors, children assisted their parents with the harvesting of cotton,

cocoa, and coffee. Children were involved in the production of foodstuffs, such as

beans and corn, for consumption by the family.

The most dangerous activity involving child labor was in the quarries, where

children assisted their parents in crushing rock by hand and carrying buckets of

gravel on their heads. Such labor was not sanctioned by the government and

occurred only in small, privately-owned quarries. Reputable local NGOs reported

that while quarry work was strictly a weekend and holiday activity for most

children, others dropped out of school to work full time in the quarries.

For some types of industrial and technical employment, the minimum age is 18.

Inspectors from the Ministry of Labor, Employment, and Social Security enforced

these age requirements, but only in the formal sector in urban areas. In both urban

and rural areas, particularly in farming and small scale trading, very young

children traditionally assisted their families. In rural areas, parents sometimes

placed young children into domestic work in other households in exchange for

one-time fees as low as 12,500 to 17,500 CFA francs ($26 to $36).

Children were trafficked into indentured and exploitative servitude, which

amounted to slavery.

The Ministry of Social Action and National Solidarity was responsible for

enforcing the prohibition against the worst forms of child labor. In 2007 the

National Assembly adopted the child code that prohibits the employment of

children in the worst forms of child labor, including trafficking, prostitution,

pornography, and the use of children in armed conflict. Due to limited resources,

the enforcement of child labor laws was weak. The ministry funded a center for

abandoned children and worked with NGOs to combat child trafficking. The

ministry frequently held workshops in collaboration with UNICEF, the ILO,

NGOs, labor unions, and other partners to raise awareness of child labor in general

and forced labor in particular.

For information on child trafficking, also see the Department of State's annual

Trafficking in Persons Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work

The government sets minimum wages for different labor categories, ranging from

unskilled through professional positions. There was no minimum wage for workers

TOGO 22

in the informal sector. In practice employers often paid less than the official

minimum wage, mostly to unskilled workers. In August 2008 the government

raised the official monthly minimum wage from 10,000 to 16,000 CFA francs ($20

to $33) to 28,000 CFA francs ($58). However, the new wage did not provide a

decent standard of living for a worker and family. Many workers supplemented

their incomes through second jobs or subsistence farming. The Ministry of Labor,

Employment, and Social Security is responsible for enforcement of the minimum

wage system, especially in the private sectors, but it did not enforce the law in

practice.

Working hours of all employees in any enterprise, except for the agricultural

sector, normally are not to exceed 40 hours per week; at least one 24-hour rest

period per week is compulsory, and workers are expected to receive 30 days of

paid leave each year. Working hours for employees in the agricultural sector are

not to exceed 2,400 hours per year (46 hours per week). The law requires overtime

compensation, and there are restrictions on excessive overtime work; however, the

Ministry of Labor, Employment, and Social Security's enforcement was weak, and

employers often ignored these provisions.

A technical consulting committee in the Ministry of Labor, Employment, and

Social Security sets workplace health and safety standards. It may levy penalties on

employers who do not meet the standards, and employees have the right to

complain to labor inspectors of unhealthy or unsafe conditions without penalty. In

practice the ministry's enforcement of the various provisions of the labor code was

limited. Large enterprises are obliged by law to provide medical services for their

employees and usually attempted to respect occupational health and safety rules,

but smaller firms often did not. Although workers have the legal right to remove

themselves from unsafe conditions without fear of losing their jobs, in practice

some could not do so. Labor laws also provide protection for legal foreign workers.